Sociology 4084
Punishment, Law and Society
Fall 2011
Professor Sara Steen
Email address: steen@colorado.edu
Office information: Ketchum 205; 303-735-6658
Office hours: Tuesdays 2-4, or by appointment
“Punishment puzzles us and disappoints our expectations because we have tried to convert a deeply
social issue into a technical task for specialist institutions.”
--David Garland, 1991: 1
“Crime control strategies and criminological ideas are not adopted because they are known to solve
problems. The evidence runs out well before their effects can be known with certainty. They are adopted
and they succeed because they characterize problems and identify solutions in ways that fit with the
dominant culture and the power structure upon which it rests.”
--David Garland, 2001: 26
“Punishment can be seen to reflect our understanding and our values, and is therefore regulated by
standards people apply every day for what is and what is not possible to do to others. So the question for
each of us is: would it be in accordance with my general set of values to live in a state which represented
me in this particular way?”
--Nils Christie, 1994: 185-6
Course objectives
This is a course about how we characterize the crime problem in the United States and how that
affects the crime control strategies we adopt. Over the course of the semester, we will talk about
the current state of punishment in America, focusing on the questions of how we got here and
what choices lay ahead. My primary learning objective for you is that you leave the course
recognizing that the way a society responds to crime is a choice, and that any particular strategy
rests upon certain assumptions about the causes of crime and the purposes of responding to
crime. My hope is that this course will help you become more willing and better able to assess
policy choices we make as a society about how to respond to crime.
Course meetings
This class is scheduled to meet Tuesdays and Thursdays from 9:30-10:45. Attendance is not
required, though you will be much more successful in the class if you attend regularly and
participate in class discussions.
Course readings
The following books are available at Amazon.com and other online booksellers:
Bach, Amy. 2009. Ordinary Injustice.
Alexander, Michelle. 2010. The New Jim Crow.
Schultz, Sunny. 2009. Dreams from the Monster Factory.
Hallinan, Joseph. 2001. Going Up the River.
All readings should be completed by class time on the date listed on the syllabus. Occasionally,
other required readings will be made available at the course CULearn website, which you can
access through CUConnect at https://cuconnect.colorado.edu. You are also expected to spend
between 30 and 45 minutes per week reading materials from the crime and justice blogs
bookmarked for the course on the CULearn website (more on this below).
Other materials you are required to have for the class include:
Composition notebook (7.5 x 9.75”) for your reading journal
Two-pocket folder for your responsive writing assignments
Course requirements
This is a writing intensive course. You will be writing for this course almost every week, though
the type of writing will vary from week to week. If this frightens you or if you have concerns
about your ability to do the work, please come talk to me at the beginning of the semester. I can help
you develop strategies for writing, and, if you are writing-phobic, to develop strategies to
overcome the phobia. I think writing is important for two reasons: first, it helps you to think—
much of the writing we will be doing this semester will be what I call “thinking through writing.”
This is often more informal writing, and many students report that it is enjoyable once they get
the hang of it. Second, when you go out into the world, there are a lot of people who won’t take
you seriously if you can’t write. Many employers will immediately discard a resume with a
grammatical error. I don’t want that to happen to any of you, and part of the experience you will
have in this class is getting a lot of feedback on your writing, re-writing some pieces, and in the
process working to identify any specific issues with your writing and remedying them. If this
doesn’t sound like something you are willing to work on, I would advise you to consider taking a
different course.
There are four types of writing required for the course. They are listed here from least to most formal:
Class blog entries: You are required to post to the class blog (accessible through CULearn) at least
ten times during the semester. I have posted links to a number of crime and punishment blogs,
and encourage you to use Google Reader or some similar tool to connect to them without having
to go through CULearn all the time (in GR you can create folders; I have a “crime and
punishment” folder containing all of these blogs, making it easy to go to one place and read all
the recent posts). Your posts must be more than “wow, this is interesting” or “I agree”; as a
general guideline, I expect at least 3-4 sentences per post. At least three of your ten required
posts must be original posts (as opposed to responses to other students’ posts).
Reading journals: To participate effectively, you must read and reflect on the assigned material,
and come to class prepared to think about and discuss the material. To achieve these goals, I will
ask you to maintain a journal throughout the semester. The best description for the kind of
writing I would like to see in your journals is “focused freewriting,” which means that I want you
to write freely and comfortably about your responses to the readings, while maintaining some
focus by using the prompts given. For each of the eight journaling weeks, you should be writing
between 4 and 10 pages in your composition books (depending on the size of your writing, how
many different prompts you choose, etc.). You may choose to use one or more of the following
prompts to guide your writing, or you may focus your entries in a way of your choosing as long
as it is approved by me first (send me an email if you’d like to write about the readings in a
different way). I may also provide additional prompts for specific books as we go along.
Prompts:
1.
2.
Choose a quote that you find interesting (please note the page) and reflect on it.
Connect this week’s reading to your personal experience.
3.
4.
5.
6.
7.
8.
Connect this week’s reading to a movie, TV show, book, etc.
Write a letter to your ____ (mom, sister, best friend…) explaining what this week’s
reading was about.
Write a letter to the editor about an issue in this week’s reading.
Imagine a conversation between a victim and an offender (or between a prosecutor
and a defense attorney) about this week’s reading.
Imagine a conversation with the author in which you challenge some of his/her
claims in this week’s reading, and include the author’s imagined responses.
Imagine someone who you think would strongly disagree with the author’s claims
this week. Describe who that person is, then write a letter to the author from that
person’s perspective.
Please purchase a composition book (7.5” x 9.75”, the standard size, edge bound, not spiral) to
keep your journal in. There are eight weeks during which journals are due. Each journal week I
will collect journals from approximately eight students, so that each of you will have your
journals collected four times (including everyone’s completed journals on April 19). You should
bring your journal to class every Tuesday in case yours is among those collected. To be
considered on time, you must turn your journal in when I collect them in class. While each
journal will be graded four times, only three of these will count toward your final grade (you can
drop your lowest grade). Reading journal assignments are cumulative, so even if your journal is
not graded for several weeks, you will be graded on the entries for all of the weeks since it was
last graded. To grade the journals, I will use a five point grading system, as follows:
5 points: Work that exceeds expectations, indicating strongly engaged, high-quality
thinking or exploration
4 points: Work that meets expectations
3 points: Work that partially meets expectations (e.g., almost all journal assignments are
completed or student clearly misunderstands the author’s argument)
2 points: Work that does not meet basic expectations (is somewhat incomplete)
1 point: Work that does not meet basic expectations (is drastically incomplete)
Responsive writing assignments: On five occasions during the semester, I will provide a “writing
prompt” in class (I will also post it on CULearn). You will have a week to write your response.
Responses should be 1-3 typed (double-spaced) pages. Three of these prompts will count
towards your final grade (there will be five during the semester, so you can choose not to write
some weeks). These responses will be graded quite strenuously, so I encourage you to spend
serious time and energy on them (we will go over a sample in class before the first one is due).
Please keep all your response assignments (in the right-side pocket), along with running feedback
kept by both of us (in the left-side pocket), in a separate folder, which you will turn in every time
you turn in a response paper, as well as with your final paper.
Final paper and prep work: You will be writing a 5-8 page final paper for this course (this page limit
is not mandatory, just guidance). There are currently three options for your final paper, though I
am open to additional suggestions as the semester goes on.
Option 1: Case study/position paper. I will provide three court cases as the semester
evolves that you can write about for your final paper. For this option, you will choose
one case to write about. Each case will be accompanied by a particular issue, such as
lifetime supervision of sex offenders, racial profiling, or the privatization of prisons. You
will have to take a position on the issue using the specifics of the case to support your
argument. If you choose this option, you will participate in an enactment of the case in
the final two weeks of class with others who have also written about your case. The
enactment will count as part of your final paper grade. For Option 1, the final paper prep
work should consist of a statement of the position you will take, an explanation of why
the underlying issue is controversial, and a short (1-2 pp.) exploratory essay in which you
begin to lay out your thinking about the case as it relates to the issue in question.
Option 2: Interview paper. You may choose to interview someone with experience in the
criminal justice system and write your paper based on this interview. Your interview
and your paper should focus on the issues we have discussed in class, with the expert
serving as an informant about how things work in Colorado. For example, you might
have questions about racial disparities and their causes, about current reforms, and/or
about the future of prisons in the state. Your final paper should critically explore the
interviewee’s responses to your questions, considering ways in which their position
might affect their responses. If you choose to write an interview paper, you will be
required to tape record and transcribe your interview, and to hand that in along with
your final paper. For Option 2, the final paper prep work should consist of an interview
guide listing the questions you expect to ask, as well as the name of your interviewee,
and the scheduled date and time of the interview.
Option 3: State reform study paper. For this option, you will be doing research about
reforms U.S. states have enacted or are currently considering that respond to the issues
we have discussed in class. You should choose a particular issue (e.g., racial disparities,
prison overcrowding, substance abuse treatment for drug offenders), and find at least
two states that have considered reforms that respond to that issue (I can provide
guidance about how to find these states). Your final paper will be a critical assessment of
these reforms, using what you have learned in class to evaluate the likelihood that each
state’s reforms will help alleviate the problem. For Option 3, the final paper prep work
should first describe the issue, explain why it is controversial, then briefly describe efforts
being made by states in response.
Grammar and spelling: Grammar and spelling are not a concern in your reading journals or in the
class blog (though I always appreciate careful writing). For your response papers and your final
paper prep work, I will mark lines that contain errors with an “X” and will make my own notes
about your errors. You are responsible for reviewing your papers, identifying the errors, and
creating a running list of your grammar and spelling errors (this list will be kept in the left-hand
side of your folder). Any errors that you fail to correct in subsequent papers will count against
your grade (new errors of different types will not count against you—you are supposed to be
identifying your mistakes as you go, and working on fixing them).
Participation: Because this is a discussion-based class, a significant part of your course grade
(15%) comes from participation. There are three pieces to participation, each worth 5% of your
overall grade:
1.
2.
News bits. We will begin class most days with time for “news bits,” which are short (1-2
minute) presentations of stories you discover related to class. Most of these will probably
come from the assigned blogs, but you are welcome to bring in stories from other sources
as well. You are each responsible for doing two news bits over the course of the
semester, and no more than five students can present on any given day. If you want to
present, please just drop me an email before class. Please consider doing this early in the
semester so that we don’t run into a backlog at the end of the semester. It’s easy.
Discussion leadership. Each of you will participate in leading one class period during
the semester, in groups of five. I will send a sign-up sheet around early in the semester
so that you can choose a topic of interest to you and a date that will work. You will work
with your group to develop questions and/or activities about the material, and you
3.
should expect to lead class for about 45 minutes. You will receive a grade based on your
group members’ assessment of your contributions and my assessment of the success of
the discussion.
General participation. Participation includes not only answering questions during class,
but also (for example) asking critical questions, emailing me when you see a movie that is
relevant to class, or coming to my office hours to discuss the course material.
Grading
Your grade for this course will be based on satisfactory completion of the required tasks; you
decide for yourself how hard you want to work. The grade you earn does not depend on how
well you do in comparison to others in the class. Your grade will be based on the following
components:
Response papers (3 of 5 count, 7% each)
21%
Reading journal (3 of 4 count, 7% each)
21%
Class blog posts (10)
10%
Final paper prep work
8%
Final paper
25%
Class participation
15%
If you are particularly concerned about your grade in this class for any reason (athletics, scholarships,
academic probation, etc.), I STRONGLY advise that you schedule an appointment to talk with me towards
the middle of the semester so that we can touch base about your grades thus far and talk about strategies for
improving your performance if you are not doing as well as you need to be. Please don’t wait until the end
of the semester when it will be too late for me to work with you on improving your performance.
Course expectations and policies
Classroom etiquette: Please refrain from engaging in conversations with your neighbors during
class, as this can be quite disruptive to those around you. You may use a laptop only for
notetaking, unless you specifically ask otherwise (e.g., if there is a question in the class and you
want to google to find the answer, raise your hand for permission to do so). Remember that if
you are doing non-class activities, it is disruptive to students around you, and know that in a
class this small, I will be able to tell if you are doing other things. After one warning, you will
lose your general participation points and the privilege of using your laptop. Please don’t make
me enforce this policy. Please remember to turn off your cell phones before class begins.
Students and faculty each have responsibility for maintaining an appropriate learning
environment. Those who fail to adhere to such behavioral standards may be subject to discipline.
Professional courtesy and sensitivity are especially important with respect to individuals and
topics dealing with differences of race, color, culture, religion, creed, politics, veteran's status,
sexual orientation, gender, gender identity and gender expression, age, disability, and
nationalities. Class rosters are provided to the instructor with the student's legal name. I will
gladly honor your request to address you by an alternate name or gender pronoun. Please advise
me of this preference early in the semester so that I may make appropriate changes to my
records.
Email policy: If you contact me via email, please put “4084” in the subject line so that I can
identify student emails and respond to them in a timely manner. If you do not use this subject
line, I cannot guarantee a response to your email. Please note that university policy prohibits the
discussion of student grades via email, so please do not email me with questions about your
grade. This policy is intended to protect you; your grade is a private matter, and email is a public
forum. The first place to go if you have questions about your grade in the course is to CULearn—
I will post all of your grades there so that you have an easy way to keep track of your progress in
the course. If you wish to discuss your grade, please come to office hours or make an
appointment.
Late policy: Each of you has two late assignment “tickets,” which may be used at any time
during the semester. Except in extreme situations (e.g., major illness, family emergency), you
may have two additional days to turn in your work. If you need to redeem a ticket, you must
email me prior to the class period in which the work is due.
Honor code: All students of the University of Colorado at Boulder are responsible for knowing
and adhering to the academic integrity policy of this institution. Violations of this policy may
include: cheating, plagiarism, aid of academic dishonesty, fabrication, lying, bribery, and
threatening behavior. All incidents of academic misconduct shall be reported to the Honor Code
Council (honor@colorado.edu; 303-735-2273). Students who are found to be in violation of the
academic integrity policy will be subject to both academic sanctions from the faculty member and
non-academic sanctions (including but not limited to university probation, suspension, or
expulsion).
Other
information
on
the
Honor
Code
can
be
found
at:
http://www.colorado.edu/academics/honorcode/
Special accommodations for…
…Religious holidays: The University of Colorado at Boulder has legal and moral obligations to
accommodate all students who must be absent from classes or miss scheduled exams in order to
observe religious holidays. If you will be absent from class for a religious observance, you must
notify me of any scheduling conflicts in writing by September 15th.
…Learning disabilities: If you have specific physical, psychiatric, or learning disabilities and
require accommodations, please bring me a letter from Disability Services by September 15th so
that your needs may be addressed. Disability Services is located in Center for Community N200
(303-492-8671), and information is available at www.colorado.edu/disabilityservices. If you have
a
temporary
medical
condition
or
injury,
see
guidelines
at
http://www.colorado.edu/disabilityservices/go.cgi?select=temporary.html
…Student athletes: If you are on an athletic team and will be missing classes, please get me a
letter by September 15th. It is your responsibility to look ahead on the syllabus and deal with any
conflicts (e.g., scheduled assignments) prior to the conflicting activity. Merely providing a letter
to me does not mean that you have dealt with these conflicts—you are responsible for working
with me to develop a plan to cover any absences.
Discrimination and Harassment: Any student who believes s/he has been the subject of sexual
harassment or discrimination or harassment based upon race, color, national origin, sex, age,
disability, creed, religion, sexual orientation, or veteran status should contact the Office of
Discrimination and Harassment (ODH) at 303-492-2127 or the Office of Student Conduct (OSC) at
303-492-5550. Information about the ODH, the above referenced policies, and the campus
resources available to assist individuals regarding discrimination or harassment can be obtained
at:
www.colorado.edu/odh.
Daily schedule of topics, readings, and assignments
Day and date
Topic
T August 23
Course introduction
Section one: Underlying principles of justice
Th August 25
Principles of justice
T August 30
Principles of justice
Assigned reading
Assignments due
Online week 1 reading
(Garland), review class blogs
(CULearn)
Th September 1
Principles of justice
Section two: Justice in practice: Making and enforcing laws
T September 6
Making laws
Bach, Introduction and Chapters
1 and 2
Th September 8
Making laws
T September 13
Enforcing laws
Bach, Chapters 3 and 4,
Conclusion
Th September 15 Movie: “Thin Blue Line”
T September 20
Enforcing laws
Th September 22 Enforcing laws
Section three: Justice in practice: Prisons and prisoner reentry
T September 27
Prisons
Hallinan through p. 113
T September 29
Movie: “Writ Writer”
T October 4
Prisons
Hallinan, pp. 114-218
Th October 6
Prisons
T October 11
Movie: “A Hard Straight”
Th October 13
Prisoner reentry
Section four: Justice in practice: Racial disparities in punishment
T October 18
Race and punishment
Alexander, Introduction,
Chapters 1-3
Th October 20
Race and punishment
T October 25
Movie
Alexander, Chapters 4-6
Th October 27
Race and punishment
T November 1
Race and punishment
Th November 3
Race and punishment
Section five: The future of justice: Openings for reform
T November 8
Restorative justice
Schwartz, xi-100
Th November 10 Restorative justice
T November 15
Th November 17
T November 22
Th November 24
T November 29
Restorative justice
NO CLASS
NO CLASS
Schwartz 100-200
Changing laws
Online reading for week 14
(Steen and Bandy)
Th December 1
T December 6
Th December 8
Changing laws
Changing laws
Course wrap-up
Journal September 6
Journal September 13
Special
accommodations
letters due
Response paper 1
Journal September 27
Journal October 4
Response paper 2
Journal October 18
Journal October 25
Response paper 3
Journal November 8
Final paper prep
work due
Journal November 15
Response paper 4
Response paper 5
W December 14,
4:30 p.m.
FINAL PAPER DUE